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The State Vs.

Muhammad Irshad
Case FIR No. 107/20 u/s 3/4/4/79 PO PS: Sadar Dunyapur

IN THE COURT OF NAVEED HUSSAIN,


MAGISTRATE SEC-30 DUNYAPUR, DUNYAPUR.

The State Vs. Muhammad Irshad son of


Abdul Ghani , caste Baloch, r/o
Chak No.301/WB, Tehsil
Dunyapur Lodhran.

CHARGE SHEET.

FIR No. 107 Dated: 28.03.2020


U/S 3/4/4/79 The Prohibition (Enforcement of Hadd) Order-1979.
Police Station Sadar Dunyapur.

I, NAVEED HUSSAIN, Magistrate Sec-30, Dunyapur,

Dunyapur, do hereby charge you the above named accused as

under: -

That on 28.03.2020 at about 03:00 pm in the area of Chak

No.301/WB, within the territorial jurisdiction of P.S, Sadar

Dunyapur Dunyapur, complainant Muhammad Riaz, SI

apprehended you (accused) on spy information and got

recovered Liquor 50-Liters alongwith manufacturing

material from possession of you accused. Thus you

(accused) have committed an offence punishable u/s U/S

3/4/4/79, The Prohibition (Enforcement of Hadd) Order-

1979 which is within the cognizance of this Court.

And, I hereby direct that you be tried by his court on the


above said charge.
Dated: 24.02.2021.
(NAVEED HUSSAIN)
Magistrate Sec-30,
Dunyapur

Certified that charge has been read over and explained to


the accused in the language he under-stand.
Dated: 24.02.2021
(NAVEED HUSSAIN)
Magistrate Sec-30,
Dunyapur
The State Vs. Muhammad Irshad
Case FIR No. 107/20 u/s 3/4/4/79 PO PS: Sadar Dunyapur

The State Vs. Muhammad Akram

FIR No. 701 Dated: 28.03.2020


U/S 3/4/4/79 The Prohibition (Enforcement of
Hadd) Order-1979. Police Station Sadar
Dunyapur.

STATEMENT OF ACCUSED MUHAMMAD SARFRAZ


S/O ALLAH BUKHSH.
(WITHOUT OATH)

Q.1. Do you plead guilty?

Ans. Yes. I have committed the offence charged against


me. I am the sole bread winner of my poor family
with parents of very advance age. I am first offender.
I promise not to repeat the offence in future. One
opportunity may kindly be granted to me, so, I may
become good and useful citizen of the state. I beg for
leniency of the court.
R.O. & A.C.
24.02.2021.
(NAVEED HUSSAIN)
Magistrate Sec-30,
Dunyapur

In view of pleading guilty of the accused, a NOTICE is given

to the accused to show cause as to why he should not be

convicted and sentenced in view of his pleadings guilty.

Reply of the accused is recorded as under: -


Muhammad Irshad son of Abdul Ghani , caste
Baloch, r/o Chak No.301/WB,
Tehsil Dunyapur Lodhran. WITHOUT OATH:

“I have committed the offence charged against me. I

am the sole bread winner of my poor family with

parents of very advance. I am first offender. I

promise not to repeat the offence in future. One

opportunity may kindly be granted to me. So, I may

become good and useful citizen of the state. I beg for

leniency of the court”.

R.O. & A.C.


24.02.2021.
(NAVEED HUSSAIN)
Magistrate Sec-30,
Dunyapur
The State Vs. Muhammad Irshad
Case FIR No. 107/20 u/s 3/4/4/79 PO PS: Sadar Dunyapur

24.02.2021.
Present: Accused Muhammad Irshad under police custody.
ADPP for the State.
Accused has been charged for keeping Liquor 50-
Liters in his possession alongwith manufacturing
material/articles, the offence punishable u/s u/s 3/4/4/79 The
Prohibition (Enforcement of Hadd) Order-1979 to which he has
pleaded guilty.
2. Accused has pleaded guilty and his plea/statement
was recorded too. Accused was also put on notice as to why he
should not be convicted and sentenced in view of his pleading
guilty. In his reply, the accused could not furnish any plausible
defence rather has requested for taking lenient view in his favour.
In the light of pleading guilty of the accused, the offence
punishable u/s 3/4/4/79 The Prohibition (Enforcement of Hadd)
Order-1979 Police Station Sadar Dunyapur for keeping the Liquor
50-Liters in his possession alongwith manufacturing
material/articles stands proved and established against the
accused. Therefore, accused Muhammad Irshad s/o Abdul
Ghani is held guilty and convicted u/s 3/4/4/79 The
Prohibition (Enforcement of Hadd) Order-1979
4. Now adverting to the question as to whether the
convict be placed on probation or be sentenced. The convict has
stated while pleading guilty and replying to the notice that he is
sole bread winner of his poor family shouldering the liability of his
parents of very advance age; he was first offender and promised
not to repeat the offence in future. Keeping in view the age,
accused being first offender, his commitment not to repeat the
offence, this court is satisfied that it is expedient to deal the
offence u/s 6 of the Probation of the Offenders Ordinance
(Ordinance No. XLV of 1959). Thus instead of awarding corporal
punishment, the offender Muhammad Irshad is placed on
probation with his personal bonds of Rs:50,000/-for the period of
01 year alongwith fine Rs.500. In case of default in
payment of fine the accused will further remain on
probation for a period of 01 month. And whereas, the said
offender has entered into a bond for Rs:50,000/-without surety,
for the said period to commit no offence and to keep peace with
good behaviour during the period of bond and to appear and
receive sentence if called upon to do so during that period. And it
The State Vs. Muhammad Irshad
Case FIR No. 107/20 u/s 3/4/4/79 PO PS: Sadar Dunyapur

is hereby ordered that the said offender be placed on probation


and be kept under the supervision of Probation Officer (Lodhran)
for a period of one year, expiring on 23.02.2022, subject to the
following conditions: -
i) that the said offender shall abide by the conditions of
the bond executed by him;
ii) that the said offender shall abstain from all sorts of
crimes, particularly narcotics and exhibited good
behaviour during the period of probation.
The case property i.e. Liquor 50-Liters alongwith
manufacturing material /articles be destroyed after the expiry of
period of appeal/revision, and of probation period. After
completing the formalities, file be consigned to the record room
after its due completion and compilation.
Announced:
24.02.2021.
(NAVEED HUSSAIN)
Magistrate Sec-30,
Dunyapur

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